No day in court: access to justice and the politics of judicial retrenchment

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Judicial and Constitutional Studies Dispute Resolution and Class Actions Law, Economics, and Judicial Systems

Abstract

1) Introduction 2) The Politics of Judicial Retrenchment 3) Changing the Decisionmakers: From Litigation to Arbitration 4) Changing the Rules: The Battle to Control Civil Procedure 5) Changing the Venue: The Quasi-Judicial Realm of the Administrative State 6) Changing the Incentives: Leaving Rights and Removing Remedies 7) Conclusion: Retrenchment and the Rules of the Game

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